These terms and conditions apply for all users of the service (including the "Nearby" function). Data that our users submit through the service may contain links to third-party websites, which K Apps neither owns nor controls. K Apps has no control over, nor may they be held responsible for, the content, the terms of confidentiality or the practice on third-party websites. K Apps will not censor or edit the content of any website belonging to a third party, nor is this possible. By using the service, you expressly accept and approve that K Apps will not be held liable for any damages, demands or other obligations resulting from or relating to your use of a website belonging to a third party.
B. You accept and approve that you must provide K Apps with your mobile phone number and your email address in order to gain access to and use the service's functions. The details you provide of your mobile phone number and email address must be correct and complete. You need a valid email address in order to be provided with your own personal PIN number.
C. You accept and approve expressly that K Apps, in order to provide the service, has regular access to the list of contacts and/or address book on your mobile device in order to find and follow the mobile phone numbers and PIN numbers of other users of the service. You hereby provide your express consent to K Apps gaining access to your list of contacts and/or address book for such numbers in order that K Apps can provide and you can use the service. We do not collect the names, addresses or email addresses of your contacts, only the mobile phone numbers and users' PIN numbers. When a user deactivates an account, the server deletes all contacts.
D. You agree not to use or launch any automatic system that, when the service is in use, sends request messages to K Apps' servers more frequently than a human being can reasonably achieve during the same period of time by using the application. Nor may you rip the content unless this is expressly permitted. Notwithstanding this, K Apps gives operators of public search engines permission to use spindles to copy material from the website in order to create publicly available, searchable indexes of the material, but not cache memories or archives of such material. K Apps reserves the right to revoke these exceptions, either generally or in specific cases. Nor do we permit you to use any tools that are intended to investigate, damage, penetrate or test the website. You agree not to reverse engineer our systems or our protocols, or to perform any examinations that exceed the boundaries of normal requests made by K Apps' customers. You also agree to neither collect nor harvest any personal identifiable data, including phone numbers, from the service, or to use the communication systems offered through the service for any commercial requests or spam.
The design of the service together with text, script, graphics, functions, etc. that have been created by K Apps, with the exception of the user's status (as defined below), as well as trademarks, service marks and logotypes included ("the marks"), are owned by or licensed to K Apps and covered by copyright and other intellectual property rights under Swedish and foreign legislation as well as international conventions. K Apps reserves all rights that are not expressly provided in and to the services. You agree not to use, copy or distribute anything other than that which is expressly permitted in the service, including status updates from a third party you acquired through the service for commercial purposes.
A. The service enables K Apps' users to upload status updates and profile images ("the status"). The uploaded status may be stored, shared and/or published as a part of the service, and may be visible to other service users who have your mobile phone number and/or your PIN number ("PIN") on their mobile phone and whom you have not expressly blocked – even when you are offline. You accept that K Apps does not guarantee confidentiality for an uploaded status, regardless of whether or not it is published.
C. In connection with your uploading a status, you also agree not to publish untruths or incorrect representations that may harm K Apps or any third party, or to upload material that is illegal, obscene, defamatory, abusive, threatening, embarrassing, hateful, racist or ethnically offensive, or that encourages behaviour that may be considered criminal, give rise to civil action, be in breach of a law or in any other way unsuitable or represent another person, or send or store material that contains a software virus or other harmful computer code.
D. You accept that you, as you are solely responsible for your uploaded statuses, must immediately notify K Apps of any breach of security in or illegal use of your mobile phone. K Apps cannot be held liable for any losses you suffer because of the illegal use of your account, although you may be held liable for losses caused to K Apps or other people as a consequence of such illegal use.
E. K Apps does not allow any activity that involves a breach of copyright or breach of intellectual property rights through the service. K Apps will delete all content and the status in the event of a correct report that the content or status constitutes a breach of another party's intellectual property rights. K Apps reserves the right to decide to what extent content or statuses are suitable and comply with these terms and conditions in respect of breaches other than breach of copyright or intellectual property rights. K Apps reserves the right to delete content and statuses without warning and at its own discretion. K Apps may block a user's access to the service in the event of repeated breaches, for other reasons or without reason, including if the user is irritating. Repeated breaches are considered to have occurred when the user has been notified about activity involving a breach more than once and/or has had his/her status removed from the service on more than two occasions. An irritating person is someone who is assessed as being irritating by authorised employees of K Apps.
F. You accept that when you use the service you will be exposed to other users' uploaded statuses, and that K Apps cannot be held liable for content, correctness, usability, security or intellectual property rights of or that relate to such uploaded statuses, and that such uploaded material is not K Apps' responsibility. You hereby give your consent to renouncing any statutory rights or legal claims you have or may have towards K Apps in this respect. You also agree to compensate and indemnify K Apps and the company's employees to the maximum extent permitted in law in all matters relating to your use of the service.
The service also includes the Nearby function. By allowing the software to access your mobile phone's GPS services, you accept and approve expressly that K Apps, in order to be able to provide the Nearby function, has access to your mobile phone's position and displays it anonymously on the function's map. K Apps will copy the relevant position if the user enters the Nearby function and uploads it to the function's map. When the user is not in the Nearby function, it will remember that last position and will not update it until the user goes into the function again. Your user name will also be displayed on other users' mobile phones within a radius of 25 km. When you are displayed in the Nearby function, other users can send friend requests to your mobile phone.
YOU CONFIRM THAT THE SERVICE IS USED BY YOU AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, K APPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE OF IT. K APPS NEITHER OFFERS GUARANTEES NOR MAKES STATEMENTS ABOUT THE CORRECTNESS OR COMPLETENESS OF THIS SERVICE'S CONTENT, AND ASSUMES NO LIABILITY FOR A) ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT, B) PERSONAL INJURIES OR DAMAGE TO PROPERTY OF ANY KIND THAT OCCUR AS A CONSEQUENCE OF YOUR ACCESS TO AND USE OF OUR SERVICE, C) ANY UNPERMITTED ACCESS TO OR USE OF OUR SERVERS AND/OR PARTS OF OR ALL PERSONAL DATA AND/OR FINANCIAL DATA STORED IN THEM, D) ANY INTERRUPTION TO OR BREAKDOWN IN THE TRANSFER OF DATA TO OR FROM OUR SERVICE, E) ANY BUGS, VIRUSES OR SIMILAR THAT CAN BE TRANSMITTED TO OR THROUGH OUR SERVICE BY A THIRD PARTY'S ACTIONS AND/OR F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSSES OR DAMAGE OF ANY KIND THAT OCCURRED AS A CONSEQUENCE OF THE USE OF CONTENT THAT HAS BEEN POSTED, SENT BY EMAIL, TRANSMITTED OR IN ANY OTHER WAY BEEN MADE AVAILABLE VIA THE SERVICE. K APPS DOES NOT GUARANTEE, SUPPORT, VOUCH FOR OR ASSUME LIABILITY FOR ANY PRODUCT OR SERVICE THAT IS ADVERTISED OR OFFERED THROUGH THE SERVICE OR A WEBSITE TO WHICH ANY USER HAS CREATED A LINK OR PRESENTED IN HIS/HER STATUS OR OTHER ADVERTISING. K APPS HAS NO INVOLVEMENT IN THIS AND IS IN NO WAY RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTIES THAT PROVIDE PRODUCTS OR SERVICES. JUST AS WHEN YOU BUY A PRODUCT OR SERVICE THROUGH ANY OTHER MEDIUM AT ALL, YOU SHOULD USE YOUR COMMON SENSE AND PROCEED WITH CAUTION WHEN APPROPRIATE. ONCE MORE, ONLY USE THE APPLICATION FOR FUN.
K Apps is providing this confidentiality policy in order to help you to make an informed decision about whether you want to use or continue to use the website, the application and/or the service. If you do not approve our practice, you must not use the website, the application or the service.
Please note that any status updates or other content posted at the user's request and subject to their consent becomes published content and is not considered to constitute personal identifiable data as covered by this confidentiality policy.
3. Approval of handling personal data All personal data and sensitive personal data is handled in accordance with the Swedish Personal Data Act (1998:204), which is updated occasionally. Under the Swedish Personal Data Act, "personal data" is all data or information that can be attributed to a physical person. "Sensitive personal data" means personal data such as personal ID number, bank account details or health information. By choosing to use the service in various ways, you give your approval to K Apps handling your personal data in accordance with the Swedish Personal Data Act (1998:204).
4. Data that cannot be collected by K Apps K Apps does not collect names, email addresses, addresses or any other contact details except mobile phone numbers and PIN numbers from users' mobile address books or lists of contacts – the software program associates each number with the name given by the K Apps users in his/her mobile address book or list of contacts – and this takes place dynamically directly in the mobile device and not on K Apps' servers, and they are not transmitted to K Apps. The content of messages that have been delivered via the service can be neither copied, retained nor archived by K Apps in normal operation. The service is intended to be a replacement for text messaging, with the user using a data service via his/her phone. Users write their messages, which are encrypted by software using AES-256 encryption technology, before being sent via a data service to our servers and re-directed to the intended recipient (who must also be a K Apps user) if the recipient is online. If the recipient is offline, the undelivered message is kept on K Apps' server until it can be delivered. If it has not been possible to deliver the message after thirty (30) days, the undelivered message is deleted from our servers. Once the message has been delivered, it is no longer on our servers. The content of delivered messages is neither retained nor stored by K Apps – the only details of the content of the messages delivered are stored directly in the sender's and the recipient's mobile devices (which the user can choose to delete). Files that are sent through the service remain on our servers for a short time after delivery, but they are deleted and rendered unidentifiable a short time later in accordance with our general storage policy.
5. How K Apps uses the data If you upload personal identifiable data to us via the website or service, we will use your personal data for the operation, maintenance and provision of the website's and the service's functions and functionality. Your mobile phone number in particular is necessary in order to use the service, and this will be stored. Any invoicing information collected from you will be deleted thirty (30) days after your account with K Apps has been closed. Personal identifiable data or status content that you voluntarily upload to the service is made publicly available and may be collected and used by other service users (unless a user has been blocked by you). Your name (as saved in other users' address books or lists of contacts on their mobile phones) may be visible to other users when you update your status messages through the service, and other users can contact you through the service. We do not use your mobile phone number or other personal identifiable data to send commercial messages or marketing messages. We may, however, use your mobile phone number (or your email address, if provided) without additional consent for purposes other than marketing or for administrative purposes. We can use both your personal identifiable data and certain data that are not personally identifiable in order to enhance the quality and design of the website and the service, and to create new functions, functionalities and services by storing, tracking and analysing user preferences and trends.
6. When can K Apps release data? Other users of the service can see your status in a way that is compatible with the use of the service. If another user has your mobile phone number or PIN number stored in his/her mobile phone's address book or list of contacts, he/she can see your status, unless you have chosen to block that user. We neither sell nor share your personal identifiable data to third-party companies for them to use for commercial purposes or in their marketing. K Apps is free of advertising, nor does K Apps intend to introduce advertising into the service. In the event of enquiries from authorities in other countries, K Apps will not disclose information about customers, logs, data or anything else. Such authorities must direct their enquiries to relevant Swedish authorities, who may then contact K Apps in the way prescribed by Swedish law. K Apps will not respond to any enquiries from Swedish authorities to any extent over and above that required by Swedish legislation.
7. Data security K Apps takes commercially reasonable physical and technical security measures in order to maintain the integrity of your personal data and to keep them secure, e.g. K Apps uses AES-256 encryption technology to encrypt messages between users. Not even K Apps can read the encrypted messages. We cannot, however, assume responsibility for or guarantee the security of any information you send to K Apps. You do this at your own risk. If K Apps discovers any breach of the security system, we may attempt to notify you of this electronically so that you can take suitable security measures. K Apps may post a message on the website or through the service if there is a breach of security.
8. International users The website and the service are stored on servers in Sweden and are intended for and aimed at users in Sweden. If you are a user who enters the website from another country, you must be aware that your country's laws or regulations on the collection, use and disclosure of personal data may differ from Swedish legislation. By using the website and the service, you transmit your personal data to Sweden, and give your express consent to this transmission and to be subject to Swedish legislation in this respect.
9. What happens in the event of a merger, sale or bankruptcy? If K Apps were to be acquired by or merge with a third party, we reserve the right to transmit or transfer the information we have gathered from our users as an element of the merger, acquisition, sale or other transaction that involves a change of ownership. In the unlikely event that we are declared bankrupt, we may not be able to control how your personal data is handled, transmitted or used.
10. Changes and updates to the confidentiality policy. This confidentiality policy may be revised at regular intervals, and you can see this from the "Valid from" date below. Return to this page if you want to see any amendments. Your continued use of the website and the service means that you approve the confidentiality policy and any amendments.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.